Section 11 of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 applies to cases where tenancy is disputed, but the Rent Controller has found on preliminary enquiry that jural relationship of landlord and tenant exists between the parties.

GOPAL RAO EKBOTE, J.

( 1 ) THIS is a revision petition filed under S. 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 hereinafter called the Act. The necessary facts, in order to appreciate tho contentions raised before me, arc that the respondent-landlord filed an application for eviction alleging inter alia that the petitioners were the tenants and had wilfully defaulted to pay the arrears of rent.

( 2 ) THIS petition was resisted by the tenants alleging that they were the owners of the property, that they executed a usufructuary mortgage deed and on the same day executed a rent deed and that the relationship of landlord and tenant did not exist between the parties as the rent note represented theintarest due on the mortgage to the mortgagee. They also contended that they were not wilful defaulters.

( 3 ) THE Rent Controller after a proper enquiry held that the jural relationship of landlord and tenant existed between the parties. He also found that the tenants had wilfully defaulted in payment of rent and consequently eviction.

( 4 ) THE tenants carried the matter in appeal before the Subordinate Judge kurnool. During the pendency of the appeal the landlord requested the court to give a direction under Sec, 11 of the Act to the tenant to deposit the arrears of rent, failing which he requested the court to pass an order of eviction after stopping all further proceedings jin the appeal. It appears that, that request was granted by the appellate authority and the tenant were directed to deposit the arrears within 10 days. As the tenants failed to comply with that direction the appllate authority dismissed . the appeal with costs. It is this view of the learned Subordinate Judge which is now assailed in this revision petition.

( 5 ) THE pricnipal contention of Mr. Kanyakaprasad. the learned counsel for the petitioners, is that under Sec. 11 of the Act, the appeal conld not have ben dismissed even if the tenants had omitted to comply with the direction the only direction which could be given under Sec 11 is to stop all further proeeedings and direct the eviction of the tenants. He also contends that when the ]ural relationship of the landlord and tenant was in dispute between the parties the appellate court was not competent to give direction to the tenants to deposit the arrears of rent before the appellate authority reached the conclusion that there was a relationship of landlord and tenant subsisting between the parties. In support of this latter contention, he reses upon the decision of the Madras High Court in abdul Azoes Khan and others v. Appachhi Gounder" in brder to appreciate this contention it is necessary to read Sec. 11 " of the Act. "11 (1) No tenant against whom an application for eviction has been made by a landlord under Sec. 10 shall be entitled to contest the application before the Controller under that Section, or to prefer anu appeal under Sec. 20 against any order made by the Controller on the application unless he has paid to the landlord, or deposits with the Controller or the appellate authority as the case may be, allarears of rent due in respect of the building up to the date of payment or deposit and continues to pay or deposit any rent which may subsequently become due m respect of the building, until the termination of the proceeding before the Controller or the appellate authority, as the case may be. (2) The deposit of rent under sub-section (1) shall be made wihtin the time and in the manner prescribed) sh (3) Where there is any dispute as to the amnunt of rent to be paid or deposited under sub-section (1), the Controller or the appellate authority, as the case may be shall on application made to him either by the tenant or by the landlord and after making such inquiry by the necessary, determine summarily the rent to be so paid or deposited (4) If any tenant fails to pay or to deposit, the rent as aforesaid the Controller or the appellate authority, as the case

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